Held seven years by mistake: it gets worse

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Someone may have been wrongfully held in immigration detention for seven years - almost 10 times as long as Cornelia Rau - an investigation by the Commonwealth Ombudsman has revealed.

Another detainee was held for up to six years, another between three and four years, and further twelve held for up to three years, according to the report.

The Immigration Department would not reveal how many of the 220 cases being investigated involved Australians. In all, the cases add up to 75 years of detention, although further investigations may reveal some of the detainees were held lawfully.

The investigation follows the 10 month detention of Cornelia Rau and the wrongful deportation of Vivian Alvarez Solon.

Three weeks ago it was revealed that the Ombudsman was investigating a case that involved a person who had been detained for 3˝ years. The new figures, which were revealed in answer to a question put to the Senate inquiry into the Migration Act, raises more serious questions.

There will be eight separate categories of cases investigated by the Ombudsman, John McMillan. The first will involve 11 cases of mental health where there may have been problems in identification or clarifying status.

There are also another 50 cases where there appears to be problems with Immigration records. These may be incorrect and will be examined as a priority.

Further matters involve seven cases of detained children who may have become citizens on their 10th birthdays, and 37 cases where people may have been released following a court case which set a precedent.

There are 51 cases of potential problems with the detention process - either through legislation not being applied properly or problems ascertaining status.

A further 14 cases involved someone who was notified of their immigration status.

The Greens Senator Kerry Nettle said these excesses should be a warning to Australians of what could happen when basic legal protections were removed. "Every time the Government or the Ombudsman reveals more information about these cases, it becomes more damning," she said. "Firstly the Ombudsman said it was 3˝ years, and now … we hear there was someone held for five to six years, and another held for six to seven years. So that's double the time we were originally told."

In response to the Senate question, Mr McMillan said: "At this stage we have not completed the investigation of the cases so are not in a position to confirm that the data is accurate or indicate whether any or all of the periods of detention were unlawful."

The Immigration Department would not comment on how many of the cases involved Australians but said the Immigration Minister, Amanda Vanstone, had explained the circumstances surrounding the 220 cases.

Mr McMillan said he aimed to have the bulk of his investigation completed by the end of the 2005-06 financial year but it would depend on what issues were thrown up. He may release an interim report on the mental health cases and data issue problems by January.